ACIT CENTRAL CIRCLE 3(4), CHENNAI vs. CHANDINI SRINIVASAN, CHENNAI

PDF · subscribers
ITA 1772/CHNY/2017Status: DisposedITAT Chennai02 December 2020AY 2008-093 pages

In favour of the assessee: the Revenue's appeal was dismissed. From the AI summary of this appeal.

AI SummaryDismissed

What did the Tribunal hold?

The Tribunal condoned the delay in filing the appeals. However, in light of CBDT Circular No. 17 of 2019, which sets a monetary limit for appeals, the appeals were dismissed as not maintainable.

What were the facts?

The Revenue filed three appeals before the ITAT, which were delayed by four days. The tax effect in these appeals was less than Rs. 50 lakhs.

What were the issues?

Whether appeals with a tax effect below the prescribed monetary limit in the CBDT circular should be dismissed. The maintainability of appeals filed beyond the stipulated time limit.

Which sections of the Income-tax Act were involved?

Section 268A

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, ‘A’ BENCH: CHENNAI

Before: SHRI V. DURGA RAO & SHRI G. MANJUNATHA

Hearing: 02.12.2020Pronounced: 02.12.2020

आदेश / O R D E R PER V. DURGA RAO, JUDICIAL MEMBER:

1.

These three appeals filed by the Revenue are directed against common order of the learned Commissioner of Income Tax (Appeals)- 19, Chennai dated 11.04.2017 and pertain to assessment years 2007- 08 to 2009-10 respectively.

2.

All the appeals filed by the Revenue are delayed by four days for which, the Revenue has filed a petition for condonation of delay, to which: the learned Counsel for the Assessee has not raised any serious

I.T.A Nos. 1771 to 1773/Chny/2017 objection. Consequently, since the Revenue was prevented by sufficient cause, the delay of four days in filing of the appeal stands condoned and all the appeals are admitted for adjudication.

3.

It is stated before us that the tax effect in the above appeals is less than Rs. 50 lakhs and therefore, the Circular No. 17 of 2019 dated 08.08.2019 issued by the Central Board of Direct Taxes (CBDT) in exercise of its power vested under section 268A(1) of the Income Tax Act, 1961 comes into play wherein, the monetary limit for filing the appeal by the Revenue before the ITAT and various High Courts as well as Apex Court are revised with an object of the reducing the tax litigation. In the said circular, it is stated that in cases where the tax effect in the appeals to be filed before the Appellate Tribunal does not exceed Rs.50 lakhs appeals should not be filed. Thus, taking note of CBDT Circular No. 17 of 2019 dated 08.08.2019 and considering the fact that the tax effect in the instant appeal is less than Rs. 50 lakhs, the present appeals deserves to be dismissed as not pressed / not maintainable. However, we make it clear that the issues raised in the instant appeal is left open to be examined in the appropriate proceedings, if arises, in future. At the same time, we also make it clear that if the appeals fall in any of the exceptions referred to in the above said CBDT Circular, the Revenue is at liberty to move an application for I.T.A Nos. 1771 to 1773/Chny/2017 recalling the order if so advised. Accordingly, in the light of CBDT circular No. 17 of 2019 dated 08.08.2019, all the three appeals stand dismissed.

4.

In the result, the appeals filed by the Revenue for the relevant assessment years are dismissed. Order pronounced on 2nd December, 2020 in Chennai.

More judgments on Section 268A

All 3,931 judgments and leading authorities on Section 268A →

Recent GST High Court judgments

Search GST case law →